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(영문) 전주지방법원 2013.08.13 2013고단1298

사행행위등규제및처벌특례법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Criminal facts

The Defendant, along with D, A (E), F, and G, from May 15, 2012 to June 15:30, 2012, from around 15, 2012 to around 15:30, the “I Gameland” located in the Y of the Yansan-gu, Jeonju-si, A, regardless of the user’s ability, provided “one-name electronic recreation device, a speculative electronic recreation device, in which automatic games are carried out by an automatic game executor,” with “40 types of facilities, such as AK game machine,” and provided many unspecified customers who found the place to put cash directly into the game machine and play the game, so that they obtain points on the screen and lose points if they did not obtain points, and deducted 10% of the fee from 10,000 won by discharging the card with 10,000 points obtained.

Accordingly, the defendant, in collusion with D, A (E), F, and G, was engaged in speculative activities that give property benefits or losses by determining the acquisition and loss by an incidental method.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol of interrogation of the accused and D concerning the accused and D;

1. Statement to J police officers;

1. Records and lists of police seizure;

1. Report on internal investigation and accompanying evidence related to the application for a warrant of search, seizure and verification;

1. Application of Acts and subordinate statutes to the notification of registration of modification to the juvenile game providing business, the screen of a screen of a video closure, game description, and the results of appraisal;

1. Article 30 (1) 1 of the Act on Special Cases concerning the Punishment and Regulation of Speculative Acts, etc. concerning criminal facts and selective speculative acts, etc., and Article 30 of the Criminal Act;

1. Although it is highly likely that the Defendant has the same criminal history as that of the Defendant under Article 62(1) of the suspended execution of the Criminal Act, the circumstances favorable to the Defendant, such as: (a) the Defendant led to the confession of the instant crime and the bones of wrongs through confinement life; (b) the Defendant transplanted one kids to his/her own punishment; (c) currently, the health condition of urology is not good; and (d) the Defendant is responsible for the livelihood of his/her family members.